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Overview
The Masters Institute in Government Contract Intellectual Property is a 3-day comprehensive advanced course on everything IP in government contracts. Taught by the industry's leading practitioners, this informative program will include interactive dialogue and discussion, keeping you engaged in the subject.

This fast paced program will cover all areas of intellectual property and the latest cases, issues and challenges faced by contractors. 
As the complexity of technology, fierceness of competition, plus the concerns of secure technology and trade secrets grows, this class will help equip you with knowledge to take back to your organization and recognize issues and challenges faced in your IP strategy.

Join outstanding, highly experienced faculty from Crowell & Moring LLP, Morrison & Foerster LLP, and Sheppard, Mullin, Richter & Hampton LLP.

Learning Objectives

Upon successful completion of this program you will:
  • Answer questions regarding IP ownership and limits to ownership
  • Develop a stronger sense of  how to protect and inventory your IP across your portfolio of contracts
  • Determine technical data ownership and rights
  • Understand the FAR and FAR regulations governing IP, tech data and computer software rights
  • Develop and/or understand the contract clauses and interpret the clauses
  • Differentiate costs of direct vs indirect funding 
  • Understand BBP 3.0 
  • Learn the mechanisms in tech transfers 
Dates/Locations
No upcoming dates/locations at this time
Agenda
8:00 AM - 3:00 PM
La Jolla, CA and Hilton Head, SC Locations
9:00 AM - 4:00 PM
All Other Locations
DAY 1    
1.  Introduction to Intellectual Property
•    Trade Secrets
•    Patents  
•    Copyrights 

1)    Computer Software
•    IP Rights in Agencies
•    DFARs Regulations
•    FAR Regulations

2)    Delivery under the Contract
•    Contract Data Requirements (CDRL)
•    Data Accession List (DAL)

4. Rights of IP
•    Government Rights
•    Prime Contractor Rights
•    Unlimited Rights
•    Limited Rights
•    Restricted Rights
•    Government Purpose Rights (GPR)

1.  Development
•    Segregated Development
•    Improvements vs Development

2.    Private vs Government Expenses
•    Indirect vs Direct Funding
•    IR & D Expense
•    Pre & Post Development Documentation

3.  Marking Data at DoD
4. FAR Marking
5. Commercial Software
a..Department of Defense
b. Civilian Agencies

6.  Other Considerations
•    Proposal Markings
•    IP Disclosures in Proposals
•    Commercial Item (FAR Part 12)
•    Patents : Subject Invention

7.  Summary  

DAY 2
      
A. RIGHTS IN TECHNICAL DATA AND PATENTS

1. Sources for Protecting IP
•    Acts
•    FAR/DFARs/DEAR/NSF
•    UTSA – State Uniform Trade Secrets Act
•    Penalties

1.    Patents
•    Relationship between Patent & Trade Secret

2.    Copyrights

3.    FAR System Patent Rights Coverage
•    Pre-FAR Policies
•    FAR/DFARs Patent Rights Principles

4.    Govt/Contractor Joint Inventions
•    Background Patent
•    Rights
•    Administration Principles
•    Procedures
•    Issues posed by FAR/DFARs Clause

5.    Inventions Subject to Patent Rights Clause
•    Definition of Subject Invention

6.    DoE Patent Rights Clause

7.    NASA Patent Rights Clause

8.    Patent & Copyright Infringement
9.    Recent Developments

B. NEW DEVELOPMENSTS IN RIGHTS IN TECHNICAL DATA

1. Overview

•    Legislation
•    Regulations
•    Policies

Segregation & Reintegration
Deferred Ordering
Challenging Data Rights

DFARS Rules
•    Background
•    Clauses
•    Changes to Clauses
•    Additional Protections

Guidelines for Creating & Maintaining a  Competitive Environment for Supplies and Services in the DoD
•    Background
•    Open Systems
•    IP Strategy

DoD Open Systems Architecture Contract Guidebook for Program Managers

•    Background
•    Fundamental Principles
•    Model Contract Clauses
•    Model Instructions to Offerors
•    Model Evaluation Factor
•    Other Model Factors
    
Better Buying Power 3.0
•    Concept
•    Sources of Expenditures
•    Stipulating Rights by Fiat
•    Data Rights as an Evaluation Factor
•    Broad Challenges to Rights Assertions
•    Misuse of Data Accession List
    
DAY 3       
          A. Federal IP in Other than Procurement Contracts

Technology Transfer
•    Definition
•    Mechanisms
•    IP In Public Domain
•    IP Infringement
CRADAS
•    History Until 1986
•    History Since 1986
•    CRADA Defined
•    Issues with IP in CRADAs
•    CRADA Responsibilities

Other Transaction Agreements
•    Definition and History
•    Inapplicable Statutes  
•    Guidance
     Grants
•    Definition
•    Copyright
•    Patents
•    FOIA and Grants
Miscellaneous Issues
•    Data Rights
•    CRADA Format
•    Disputes
•    Applicable Laws   
•    Liability
•    Indemnification
•    Statement of Work (SOWs)    
•    Lab’s use of In-house/outside contractors for CRADA work
•    Reimbursement
•    Collaboration

  Current IP Issues
  BBP 3.0
  Other Issues and Recap
Experts
  • Jonathan Baker
    Partner, Crowell & Moring

    Jonathan M. Baker is a partner in Crowell & Moring's Washington, D.C. office. He practices in the Government Contracts Group.

    Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, prime-sub disputes, gove...
    See Full Bio
  • W. Jay DeVecchio
    Partner, Washington, Morrison & Foerster
    W. Jay DeVecchio is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to compl...
    See Full Bio
  • John McCarthy
    Partner, Crowell & Moring

    John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the firm's Government Contracts Group. John has spent more than thirty years litigating all forms of government contracts cases for both large and small government contractors, wit...
    See Full Bio
  • Keith R. Szeliga
    Partner, Sheppard Mullin Richter & Hampton LLP
    Keith R. Szeliga is a partner and Co-Practice Group Leader in the Government Contracts, Investigations, and International Trade Group in Sheppard Mullin’s Washington, D.C. office. Mr. Szeliga represents clients ranging from small businesses to the nation's largest defense contractor...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 19.50 (CPE) hours of credit
Program Level: N/A
Program Prerequisite: N/A
Advance Preparation: N/A
Method: N/A
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 17.00 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 16.50 (60 minutes), (50 minutes)
Travel
No travel information is available at this time
Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.